PART 934—NORTH DAKOTA Authority: 30 U.S.C. 1201 et seq. Source: 45 FR 82246, Dec. 15, 1980, unless otherwise noted. § 934.1 Scope. This part contains all rules applicable only within North Dakota that have been adopted under the Surface Mining Control and Reclamation Act of 1977. § 934.10 State program approval. The North Dakota State Program, as submitted on February 29, 1980, and amended and clarified on June 12, 1980 and September 9, 1980, is conditionally approved, effective December 15, 1980. Beginning on that date, PSC shall be deemed the regulatory authority in North Dakota for all surface coal mining and reclamation operations and for all exploration operations where more than 250 tons of coal are removed on non-Federal and non-Indian lands and the North Dakota Geological Survey shall be deemed the regulatory authority in North Dakota for all exploration operations where less than 250 tons of coal are removed on non-Federal and non-Indian lands. Only surface mining and reclamation operations on non-Federal and non-Indian lands shall be subject to the provisions of the North Dakota permanent regulatory program. Copies of the approved program, together with copies of the letter of the Public Service Commission agreeing to the conditions in § 934.11, are available at: (a) North Dakota Public Service Commission, Reclamation Division; State Capitol Building; Bismarck, ND 58505-0165; Telephone: (701) 224-4096. (b) Office of Surface Mining, 100 East “B” Street, Casper, Wyoming 82601-1918, telephone: (307) 261-5824. [45 FR 82246, Dec. 15, 1980, as amended at 57 FR 826, Jan. 9, 1992; 57 FR 37706, Aug. 20, 1992] § 934.12 State program amendments disapproved. The following provision of an amendment to the North Dakota permanent regulatory program, as submitted to OSMRE on February 10, 1987, and modified on August 18, 1987, and December 14, 1987, is hereby disapproved: Paragraph (c)(4) of the North Dakota Administrative Code, Article 69-05.2-12-05.1, which would have established separate financial criteria for self-bonding by rural electric cooperatives. [53 FR 2840, Feb. 2, 1988. Redesignated at 55 FR 1819, Jan. 19, 1990] § 934.13 State program provisions set aside. North Dakota regulation NDAC 69-05.2-27-01 is inconsistent with Federal provisions for permitting and bonding of research projects and is set aside under the provisions of section 505(b) of the Surface Mining Control and Reclamation Act of 1977. § 934.15 Approval of North Dakota regulatory program amendments. Link to an amendment published at 91 FR 51588, Aug. 11, 2026. The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the Federal Register Federal Register. Original amendment submission date Date of final publication Citation/description July 30, 1982 February 9, 1983, November 9, 1983 NDCC Chapter 38-14.1; subsection 5 of § 38-14.1-02, definitions of “extended mining plan,” “performance bond;” 38-14.1-03; subsection 3 of § 38-14.1-07, 13; subdivision “u” of subsection 1 of § 38-14.1-14; subdivision “n” of subsection 2 of § 38-14.1-14; § 38-14.15; subsection 3 of § 38-14.1-20; subsections 17, 18 of § 38-14.1-24; subsection 4 of § 38-14.1-30; § 38-14.1-38; Chapter 38-12.1; subdivision b of § 1 of § 38-12.1-04; Chapter 38-18; subsection 3 of § 38-18-05, definition of “mineral developer;” subsection 6 of § 38-18-05, definition of “mineral owner;” subsection 10 of § 38-18-05, definition of “surface owner;” subsection 3 of § 38-18-06; § 38-18-07; NDAC 69-05.2, Chapter 69-05.2-01, 05 through 19, 21, 22, 23, 26; NDCC § 38.12.1-03. February 2, 1984 July 19, 1984 NDAC §§ 38-14-1.02(33)(a), 04.1, .2, .3, 13(1)(b), 24(1)(1); §§ 69-05.2-05-03, 69-05.2-09-18, 69-05.2-13-12.1 through .6, 69-05.2-16-04. February 27, 1984 January 3, 1985 NDAC §§ 69-05.2-01-02, definition of “blaster” and renumbering of § 69-05.2-17-01; 69-05.2-31. June 18, 1985 February 18, 1986 NDCC 38-14.1-04.2, .3, -7, -10, -14, -21, -30,-33; NDAC 69-05.2-04-01, -06-02, -08-03, -09-02,-08, -09, -10-03, -16-09. May 30, 1986 October 21, 1986 NDAC 69-05.2-01-02 (11), (12), definitions “coal preparation,” “coal preparation plant,” “coal processing plant,” 08-05(2)(c)(5), -09-19, -13-13, -15-01, -02, -03(2), -04, -16-04(1)(b), -09(22), -15-01, -21-03. September 8, 1986 December 9, 1986 NDAC 69-05.2-12-20. April 3, 1987 November 16, 1987 NDCC 38-14.1-16(2), (7), -17(7). February 10, 1987 February 2, 1988 NDAC 69-05.2-12, -13-04, -23. June 1, 1988 March 10, 1989 Amendment X, “Standards for Evaluation of Revegetation Success and Recommended Procedures for Pre-and Post- mining Vegetation Assessments”. April 11, 1989 August 4, 1989 NDCC 38-14.1-37, -39. November 1, 1988 January 19, 1990 NDAC 69-05.2, 2-01 through -31. November 20, 1990 January 9, 1992 NDCC 28-32-02(3), (4); NDAC 69-05.2-01-02, -03(4), (5), (7), -04-01(5)(b), -05-06(1), (1d), -06-01,-02(3) through (6), -08-05(2), (2C), (2e), -09(3b), -15,-09-01(4), -06(1), (2), -09(1)(c)(7-8), (1)(e), (2)(c through e), (h), -17(1), (2), -19(1), -10-03, -05(3a, e), -11-03, -12-01(4), (10), -12(3), -18, -20, -13-08(2) through (6), -12(4), -13, -15-04(4)(a)(2)(c), -16-03, -07(2a), -09(9), (17), (18), (20), -12(1), -14(3), -20, -17-01(2), -05(1), -18-01, -12(f), -20-03(1b, d), (3),-22-07(4)(e) through (i), -23-01, -24-01-09, -25-03(2), (4), -26-05, (3), -28-03, (7), 16 through 18. June 12, 1991, November 19, 1991 August 20, 1992 NDCC 38-12.1-03-2.b, -05-2.d; 38-14.1-02-33.a, -24.13.a, -30.3.c through g(1), (2); NDAC 43-02-01-18.1, -20; 69-05.2-01-01-3, -05-08, -08-01, -02; 69-05.2-08, -10.1a, -12; -09-04, -09, -10, -11, -14, -17, -10-02, -11-01.5, 02, -12-01, -05 through -08, -12-11, -12, -14, -16, -13-06, -08, -14-01, -15-02, -16-04, -06, -12, -22-07, -25-03, -04; 69-05.2-32, -32-01.1.b. April 21, 1993 March 15, 1994, July 22, 1994 NDAC 69-05.2-06-02(3), -09-01(4), -10-03(1), (1)(a), (4), -13-02(4)(e), -08(3) through (6), -15-04(3), -16-09 (13), (14), (16), -20-03(3), (4); NDCC 38-14.1-21(5), -24(13)(e), -37(2), (a) through (f), (3) through (6); 38-12.1-04(1)(a); 43-02-01-05, -20.3(c)(2); 43-02-01-05. October 22, 1993 July 22, 1994 NDAC 69-05.2-17-02, -29-01(2), -02(1)(a), (b), -03(2), (5), -04, -05, -06(1)(a), -07(1), -08(1)(a) through (e), (2). November 10, 1994 April 13, 1995 NDAC 69-05.2-04-07(3)(a), -05-09, -06-01(2), -02(6), -10-03(5), -11-01(1)(d), -03(5)(c), -06(1)(c), -12-09(2), -15-02(2a), -16-09(7), (20), -21-01(2), -28-03(6). February 17, 1994 July 14, 1995 Policy document entitled “Standards for Evaluation of Revegetation Success and Recommended Procedures for Pre- and Postmining Vegetation Assessments”. March 20, 1996 April 28, 1997 NDAC 69-05.2-09-02.8 -13-02, -15-04.4a(2)c, -19-04.2, 3, -22-07.3.c, 4.d, 4.i, -26-05.3.c; 69-05, 22-07.4.j, .k; changes to new names of U.S. Natural Resource Conservation Service and the North Dakota Department of Health. May 2, 1997 August 25, 1997 NDCC 38-14.1-04.1, .2, .3. April 12, 1995 September 16, 1998 Statute: NDCC 38-14.1-37(4); NDCC 38-12.1-08; Rule: NDAC 43-02-01. April 9, 1998 January 8, 1999 Revegetation Success Policy Doc. II-C, Prime Farmlands standards. II-F, Woodlands cover standards. II-H, Wetlands standards. II-I, Recreational land use standards for tree and shrub stocking. III-D, Methods for sampling woodland cover. August 29, 1997 March 16, 1999 Rules: NDAC 69-05.2-13-01; NDAC 69-05.2-22-07.4.1; NDAC 69-05.2-28-19. March 31, 1999 July 20, 1999 NDCC 38-14.1-30.3.f. September 2, 1998 November 8, 1999 NDAC 69-05.2.90 NDAC 69-05.2-01-03 NDAC 69-05.2-05-09 NDAC 69-05.2-09-09 NDAC 69-05.2-13-02 NDAC 69-05.2-13-08 NDAC 69-05.2-15-02 NDAC 69-05.2-15-04 NDAC 69-05.2-16-09 NDAC 69-05.2-19-04 June 20, 2000 March 2, 2001 NDAC 69-05.2-01-03; NDCC 28-32 NDAC 69-05.2-09.15.8 NDAC 69-05.2-10-03.6.c NDAC 69-05.2-12-09 NDAC 69-05.2-12-12.2 NDAC 69-05.2-16-05 NDAC 69-05.2-22-07.4.1 NDAC 69-05.2-26-05.3 NDAC 69-05.2-29-03 March 16, 2000 May 17, 2001 Standards for Evaluation of Revegetation Success and Recommended Procedures for Pre- and Postmining Vegetation Assessments. May 9, 2001 November 16, 2001 NDCC 38-14.1 November 21, 2002 July 7, 2003 Standards for Evaluation of Revegetation Success and Recommended Procedures for Pre- and Postmining Vegetation Assessments: Feb. 10, 2003 Dec. 4, 2003 NDAC 69-05.2-01-02(120) NDAC 69-05.2-04-01.1 through 01.7 NDAC 69-05.2-05-01 NDAC 69-05.2-09-01 NDAC 69-05.2-12-12 NDAC 69-05.2-16-04 NDAC 69-05.2-16-05(1)(b)(3) NDAC 69-05.2-16-09 April 23, 2003 January 20, 2004 NDAC 69-05.2-01-02.13 NDAC 69-05.2-12-01.11 NDAC 69-05.2-12-04.2 NDAC 69-05.2-17-07 NDAC 69-05.2-22-07 April 20, 2005 November 28, 2005 NDCC 38-14.1-17.1.a and 2005b. May 24, 2006 December 20, 2006 NDAC 69-05.2-06-03 NDAC 69-05.2-10-01 NDAC 69-05.2-12-12 NDAC 69-05.2-16-09 NDAC 69-05.2-22-07 NDAC 69-05.2-24-01 March 12, 2008 September 12, 2008 NDAC 69-05.2-08-08 NDAC 69-05.2-10-03 NDAC 69-05.2-12-05.1 November 12, 2009 December 27, 2010 NDCC 38-14.1-24(18) NDAC 69-05.2-09-2 2NDAC 69-05.2-22-07 February 1, 2012 June 6, 2014 NDAC 69-5.2-12-04 November 14, 2012 December 16, 2014 NDAC 69-05.2-05-02 NDAC 69-05.2-05-08 NDAC 69-05.2-06-01 NDAC 69-05.2-06-02 NDAC 69-05.2-10-01 NDAC 69-05.2-10-03 NDAC 69-05.2-10-07 NDAC 69-05.2-10-08 NDAC 69-05.2-10-09 May 19, 2016 May 9, 2019 NDAC regulation changes to define commercial leonardite (oxidized lignite) and exclusion of commercial leonardite from the statutory definition of coal. December 9, 2022 February 13, 2026 NDAC 60-05.2-01-02/Updates the definition of collateral bond. [62 FR 9948, Mar. 5, 1997, as amended at 62 FR 22894, Apr. 28, 1997; 62 FR 44900, Aug. 25, 1997; 63 FR 49434, Sept. 16, 1998; 64 FR 1130, Jan. 8, 1999; 64 FR 12900, Mar. 16, 1999; 64 FR 38827, July 20, 1999; 64 FR 60659, Nov. 8, 1999; 66 FR 13020, Mar. 2, 2001; 66 FR 27459, May 17, 2001; 66 FR 57662, Nov. 16, 2001; 68 FR 40147, July 7, 2003; 68 FR 67804, Dec. 4, 2003; 69 FR 2666, Jan. 20, 2004; 70 FR 71242, Nov. 28, 2005; 71 FR 76148, Dec. 20, 2006; 73 FR 52923, Sept. 12, 2008; 75 FR 81122, Dec. 27, 2010; 79 FR 32647, June 6, 2014; 79 FR 74618, Dec. 16, 2014; 84 FR 20269, May 9, 2019; 91 FR 6773, Feb. 13, 2026] § 934.16 Required program amendments. Pursuant to 30 CFR 732.17(f)(1), North Dakota is required to submit to OSM by the specified date the following written, proposed program amendment, or a description of an amendment to be proposed that meets the requirements of SMCRA and 30 CFR Chapter VII and a timetable for enactment that is consistent with North Dakota's established administrative or legislative procedures. (a)-(cc) [Reserved] [53 FR 2840, Feb. 2, 1988, as amended at 54 FR 10145, Mar. 10, 1989; 55 FR 1819, Jan. 19, 1990; 57 FR 827, Jan. 9, 1992; 59 FR 11933, Mar. 15, 1994; 59 FR 37431, July 22, 1994; 60 FR 18745, Apr. 13, 1995; 60 FR 36223, July 14, 1995; 62 FR 22895, Apr. 28, 1997; 63 FR 49434, Sept. 16, 1998; 64 FR 1130, Jan. 8, 1999; 64 FR 60660, Nov. 8, 1999] § 934.20 Approval of North Dakota abandoned mine plan. The North Dakota Abandoned Mine Plan as submitted on July 28, 1981, is approved. Copies of the approved program are available at: Casper Field Office, Office of Surface Mining Reclamation and Enforcement, 100 East B Street, room 2128, Casper, WY 82601-1918; Telephone: (307) 261-5776. North Dakota Public Service Commission, Abandoned Mine Land Division, State Capitol, Bismarck, ND 58505; Telephone: (701) 224-4096. [57 FR 33116, July 27, 1992] § 934.25 Approval of North Dakota abandoned mine land reclamation plan amendments. The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the Federal Register Federal Register. Original amendment submission date Date of final publication Citation/description March 4, 1983 June 24, 1983 Definition of reclamation terms; right of entry; land acquisition, management, and disposition; other policies and procedures. September 15, 1987 June 16, 1988 Revision of administrative and management structure of the approved North Dakota Plan. October 31, 1991 July 27, 1992 NDCC 38-14.2-04, -06. May 25, 1993 September 27, 1993 Emergency response reclamation program; set-aside trust funds, eligible lands. September 20, 1995 October 8, 1996 NDCC 38-14.2-03(14); Public Service Commission Procurement and Contract Procedures; PSC policies Nos. 2-01-81(5), 2-02-81(5); PSC organizational structure. [62 FR 9949, Mar. 5, 1997] § 934.30 State-Federal Cooperative Agreement. Cooperative Agreement This is a Cooperative Agreement (Agreement) between North Dakota (State) acting by and through the North Dakota Public Service Commission (Commission) and the Governor, and the United States Department of the Interior (Interior), acting by and through the Secretary of the Interior (Secretary) and the Office of Surface Mining (OSM). Article I: Introduction and Purpose A. Authority: B. Purpose: Article II: Effective Date Following signing by the Secretary, the Governor, and the Commission, the Agreement shall take effect upon publication in the Federal Register Article III: Scope In accordance with the Federal lands program in 30 CFR parts 740-746, the laws, rules, terms, and conditions of North Dakota's Permanent State Program (Program) (conditionally approved effective December 15, 1980, 30 CFR 934.11 or as hereinafter amended in accordance with 30 CFR 732.17) are applicable to Federal lands within North Dakota except as otherwise stated in this Agreement, the Federal Act, 30 CFR 745.13, or other applicable laws or rules and regulations. Orders and decisions issued by the Commission in accordance with the State Program that are reviewable shall be reviewed pursuant to section 38-14.1-30 of the North Dakota Century Code. Orders and decisions issued by the Department that are appealable shall be appealed to the Department of the Interior's Office of Hearings and Appeals. Article IV: Requirements for Cooperative Agreement The Commission and the Secretary affirm that they will comply with all of the provisions of this Agreement and will continue to meet all the conditions and requirements specified in this Article. A. Responsible Administrative Agency: B. Authority of State Agency: C. Funds: If sufficient funds have not been appropriated, OSM and the Commission shall promptly meet to decide on appropriate measures that will insure that surface coal mining and reclamation operations are regulated in accordance with the Program. D. Reports and Records: E. Personnel: F. Equipment and Laboratories: G. Permit Application Fees and Civil Penalty Assessments: Article V: Policies and Procedures: Review of a Permit Application Package or an Application for a Permit Renewal or Revision A. Contents of Permit Application Package: et seq. (1) Chapter 38-14.1 and Chapter 38-18 of the North Dakota Century Code; (2) Article 69-05.2 of the North Dakota Administrative Code (NDAC); (3) Applicable terms and conditions of the Federal coal lease; (4) Applicable requirements of the Bureau of Land Management's 30 CFR part 211 1 1 Editorial Note: (5) Applicable requirements of other Federal laws and the Program, including but not limited to those in appendix A of this Agreement. B. Review Procedures: 2. The Commission shall be the primary point of contact for operators regarding the approval of the permit application package, except on matters concerned exclusively with the 30 CFR part 211 1 1 3. OSM is responsible for ensuring that any information OSM receives from an applicant regarding the permit application package is sent to the Commission and the Commission will send any information received from the applicant to OSM. OSM shall have access to Commission files for mines on Federal lands. OSM and the Commission shall regularly coordinate with each other during the permit application package review process. 4. OSM shall be responsible for obtaining, in a timely manner, the views of all Federal agencies with jurisdiction or responsibility over a permit application package on Federal lands in North Dakota and for making these views known to the Commission within 90 days of the receipt of the application by OSM. The Commission shall keep OSM informed of findings during the review which bear on the responsibilities of other Federal agencies. OSM shall take appropriate steps to facilitate discussions between the Commission and the concerned agencies wherever desirable to resolve issues or problems identified in the review. 5. Upon receipt of a permit application package, both OSM and the Commission shall each designate its application manager. The application managers shall serve as the primary point of contact between OSM and the Commission throughout the review process and shall be responsible for identifying areas of avoidable duplication of review and analysis, which shall be eliminated where possible. Not later than 15 days after an application has been received, OSM and the Commission shall discuss the application and agree upon a work plan and schedule for the review of the application. OSM shall thereafter inform the Commission of any specific or general areas of concern, including the scope of required environmental analyses under the National Environmental Policy Act, which require special handling or analysis. The Commission shall likewise inform OSM where OSM assistance will be needed to perform any specific or general analysis or prepare any studies or similar work. 6. The Commission shall prepare a technical-environmental analysis on the permit application package. Copies of drafts of this document shall be sent to OSM for review and comment. OSM shall independently evaluate the documents and inform the Commission within 30 days of any changes that should be made. The Commission shall consider the comments of OSM and send a final technical-environmental analysis to OSM which will form the basis for and be included in the decision document which OSM will prepare for the Secretary's consideration. The Commission shall approve or disapprove the permit application by written decision in accordance with the Program. The Secretary's decision on the mining plan and those other Federal responsibilities which cannot be delegated (including but not limited to those listed in appendix A) shall be made concurrently with or as soon as possible after the final decision of the Commission on the permit. The permit issued by the Commission shall condition the initiation of surface coal mining operations on Federal lands within the permit area on obtaining mining plan approval from the Secretary. The Commission shall, in the approved permit, reserve the right to amend or rescind its action to conform with action taken, or with terms or conditions imposed, by the Secretary when approving the mining plan. After the Commission makes its decision on the permit, it shall send a notice to the applicant and OSM with a statement of findings and conclusions in support of the action. 7. The Commission may approve and issue permits, permit renewals, and permit revisions for surface disturbances associated with surface coal mining and reclamation operations, and disturbance of the surface may commence without need for an approved mining plan on lands where: (a) The surface estate is non-Federal and non-Indian; (b) The mineral estate is Federal and is unleased; (c) The Commission consults with the Bureau of Land Management through OSM in order to insure that actions are not taken which would substantially and adversely affect the Federal mineral estate; and (d) The proposed surface disturbances are planned to support surface coal mining and reclamation operations on adjacent non-Federal lands and this is specified in the permit, permit renewal, or permit revision. 8. Any permit renewal requested pursuant to applicable State laws and rules for a surface coal mining and reclamation operation on Federal lands, and for which a mining plan has been approved by the Secretary, shall be reviewed and approved or disapproved by the Commission in consultation with OSM for Federal responsibility under other laws. The Commission shall inform OSM and BLM of the approval or disapproval of the renewal and provide OSM and BLM with copies of the application documents. 9. The Commission shall inform OSM of each permit revision request with respect to surface coal mining and reclamation operations on Federal lands containing leased Federal coal. For other Federal lands, the Commission shall inform the Federal land management agency of each permit revision request. Surface coal mining and reclamation operations shall not occur pursuant to the revision unless the permit revision request has been approved by the Commission and: (a) With respect to Federal lands containing leased Federal coal— (i) The Secretary has determined that the permit revision does not constitute a mining plan modification, or (ii) If the revision does constitute a mining plan modification, the modification has been approved by the Secretary. (b) With respect to other Federal lands, the Commission has consulted with the Federal land management agency to ensure that the permit revision is consistent with Federal laws and regulations other than the Act. 10. When the Commission and OSM cannot resolve differences that develop during permit application package review or cannot agree on the final actions to be taken by the Commission and the Department, the matter shall be referred to the Governor and the Secretary for resolution. Article VI: Inspections The Commission shall conduct inspections on Federal lands and prepare and file inspection reports in accordance with the approved Program. A. Inspection Reports: B. Commission Authority: C. OSM Authority: D. Witness Availability: Article VII: Enforcement A. Commission Enforcement: B. Notification: C. Secretary's Authority: Article VIII: Bonds A. Bond Coverage and Terms: Submission of a performance bond does not satisfy the requirements for a Federal lease bond required by 43 CFR subpart3474 or a lessee protection bond required in addition to a performance bond, in certain circumstances, by section 715 of the Federal Act. B. Bond Release: C. Forfeiture: Article IX: Designation of Lands as Unsuitable The Commission and OSM shall cooperate in the review and processing of petitions to designate lands as unsuitable for surface coal mining operations. When either agency receives a petition which could have an impact on lands the designation of which as unsuitable for mining would be the responsibility of the other agency, the agency shall: (1) Notify the other of its receipt of the petition and of the anticipated schedule for reaching a decision; and (2) request and fully consider data, information and views of the other. The authority to designate Federal lands as unsuitable for mining is reserved to the Secretary or his designated representative. Article X: Termination of Cooperative Agreement This Agreement may be terminated as follows: A. Termination by the State: B. Termination by the Secretary: 1. A written notice from the Secretary to the Commission shall specify the grounds upon which he proposes to terminate the Agreement. In addition, a written notice containing the grounds for termination shall be published in the Federal Register 2. A written notice in the Federal Register Federal Register. 3. The proposed termination hearing shall be conducted by OSM and a record shall be made of the hearing. The Commission shall be entitled to have legal, and technical and other representatives present at the hearing, and may present, either orally or in writing, evidence, information, testimony, documents, records or materials as may be relevant to the issues involved. 4. The Secretary's decision shall be made after the hearing and close of the comment period. 5. A decision to terminate the Agreement may be made if the Secretary finds in writing that: (a) The Commission has substantially failed to comply with the requirements of the Federal Act, 30 CFR parts 740-746, the Program, or provisions of this Agreement; or (b) The Commission has failed to comply with any undertaking by the Commission in this Agreement upon which the approval of the Program, this Agreement, or grants by OSM for administration or enforcement of the Program or this Agreement were based. 6. The Secretary shall send written notice of the decision and findings to the Commission and publish notice of it in the Federal Register. 7. This Agreement shall terminate not less than 60 days after publication of the notice of the decision to terminate in the Federal Register. C. Termination by Operation of Law: 1. When no longer authorized by Federal law or North Dakota laws and regulations; or 2. Upon termination or withdrawal of the Secretary's approval of the Program pursuant to 30 CFR part 733. D. Mutual Termination: Article XI: Reinstatement of Cooperative Agreement If this Agreement has been terminated as provided in Article X, it may be reinstated upon application by the Commission and upon its giving evidence satisfactory to the Secretary that the Commission can and will comply with all the provisions of the Agreement and that the Commission has remedied all defects in administration for which this Agreement was terminated. Article XII: Amendments to Cooperative Agreement This Agreement may be amended by mutual agreement of the Commission and the Secretary. An amendment proposed by one party shall be submitted to the other with a statement of the reasons for such proposed amendment. The amendment shall be adopted or rejected in accordance with the requirements of 30 CFR 745.11. The party to whom the proposed amendment is submitted shall signify its acceptance or rejection of the proposed amendment and if rejected shall state the reason for rejection. Article XIII: Changes in State or Federal Standards A. Time for Change: B. Copies of Changes: Article XIV: Changes in Personnel and Organization The Commission and the Secretary shall, consistent with 30 CFR part 745, advise each other of changes in the organization, structure, functions, duties, and funds of the offices, departments, divisions, and persons within their organizations which could affect administration and enforcement of this Agreement. Each shall promptly advise the other in writing of changes in key personnel, including the head of a department or division, or changes in the functions or duties of persons occupying the principal offices within the structure of the program. The Commission and OSM shall advise each other in writing of changes in the location of offices, addresses, telephone numbers, and changes in the names, location and telephone numbers of their respective mine inspectors and the area within the State for which such inspectors are responsible. Article XV: Reservation of Rights In accordance with 30 CFR 745.13, this Agreement shall not be construed as waiving or preventing the assertion of any rights that have not been expressly addressed in this Agreement that the State or the Secretary may have under other laws or regulations, including but not limited to those listed in appendix A. Article XVI: Definitions Terms and phrases used in this Agreement which are defined in 30 CFR part 700, 701 and 740 shall be given the meanings set forth in those definitions. Approved: James G. Watt, Secretary of the Interior. Dated: August 11, 1983. Allen I. Olson, Governor of North Dakota. Dated: August 30, 1983. Bruce Hagen, President, North Dakota Public Service Commission. Dated: August 30, 1983. Leo M. Reinbold, Commissioner, North Dakota Public Service Commission. Dated: August 30, 1983. Dale Sandstrom, Commissioner, North Dakota Public Service Commission. Dated: August 30, 1983. Appendix A 1. The Federal Land Policy and Management Act, 43 U.S.C. 1701, et seq. 2. The Mineral Leasing Act of 1920, 30 U.S.C. 181, et seq. et seq. 3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321, et seq. et seq. 4. The Endangered Species Act, 16 U.S.C. 1531 et seq. 5. The National Historic Preservation Act of 1966, 16 U.S.C. 470, et seq. 6. The Clean Air Act, 42 U.S.C. 7401, et seq. 7. The Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq. 8. The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq. 9. The Reservoir Salvage Act of 1960, amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 U.S.C. 469, et seq. 10. Executive Order 11593, Cultural Resource Inventories on Federal Lands. 11. Executive Order 11988 (May 24, 1977), for flood plain protection. Executive Order 11990 (May 24, 1977), for wetlands protections. 12. The Mineral Leasing Act for Acquired Lands, 30 U.S.C 351, et seq. 13. The Stock Raising Homestead Act of 1916, 43 U.S.C. 291, et seq. 14. The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa., et seq. 15. The Constitution of the United States. 16. The Constitution of the State of North Dakota, State law, and rules. [48 FR 41395, Sept. 15, 1983, as amended at 53 FR 11501, Apr. 7, 1988]